Davis v. State

HAWKINS, Presiding Judge.

Judgment in this case was affirmed on December 18, 1946, and motion for rehearing overruled on February 12, 1947. In his motion filed February 19, 1947, appellant calls attention to an error of the trial court in applying the indeterminate sentence statute. Art. 775, C.C.P. Vernon’s Ann.C.C.P. art. 775.

Punishment for the offense of failing to stop and render aid, Art. 1150, P.C., is imprisonment in the penitentiary “not to exceed five years or in jail not exceeding one year or by fine not exceeding five thousand dollars, or by both such fine and imprisonment.”

In…